SC issues notice to states, UTs on quashed section of IT Act

New Delhi: The Supreme Court of India issued notices to all states and union territories on Monday on a plea complaining that people were being booked under the quashed Section 66A of Information Technology (IT) Act.

A bench of justices RF Nariman and BR Gavai directed that the notice should be served to the registrar general of all high courts. The court listed the matter for further hearing after four weeks.

During the hearing, the bench said that the side of judiciary regarding the issue could be taken care of separately. It noted that since the police are charging people under the Section, a proper order on the issue is needed. The trend cannot be allowed to continue, the court added.

The Union Government had told SC that it is the primary duty of states and union territories to stop registering cases under the section quashed by it. In response to the court notice, the Union Government said in its affidavit that the police and public order are state subjects as per the Constitution. Prevention, detection, investigation and prosecution of crimes and capacity building of police personnel are the primary responsibilities of states, it added.

The government testified that 21 states and union territories had reported compliance with the 2015 judgement through their letters to the Ministry of Information and Technology.

Earlier this month, the top court said that it was "shocking and distressing" that people were being booked under the section after being quashed.